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How to properly fill out a mechanic's lien?

CaliforniaLawsuitLien ForeclosureMechanics Lien

Hello, as a truck driver I offhauled dirt for an investor and have not been paid for over 30 days. He purchases vacant lots, builds luxury homes and sells for profit. If I file a mechanics lien against the property in CA and it expires before the home sells, what then? Also, he is associated with a number of companies. The property is listed under one company and he hired and paid a portion of what he owes me under a different company. Will this be a problem?

2 replies

Aug 18, 2020
California mechanics liens must include certain information in order to be effective. This information includes:
  • the amount claimed
  • the identification of the Owner’s (or purported owner)
  • a general description of labor or materials provided
  • a description of the property sufficient for identification
  • identification of the party who hired the claimant
  • the claimant’s information
  • a proof of service affidavit, and
  • a required statutory statement in boldface type (found at §8416(a)(8))
So, both the property owner and the hiring party information must be contained on a lien. If the property owner is one company and the hiring party is another company, that is fine but both need to be identified. The lien is an interest against the property itself, so it doesn't really make any difference if multiple parties are involved on the project, as long as the required parties are identified. A California mechanics lien must be enforced within 90 days after the lien is recorded. A lien is enforced through filing a lien enforcement lawsuit (a foreclosure action). If the time in which the enforcement action must be initiated passes, the lien is extinguished and recovery would need to come through some other means. A California lien may be extended, but it requires the property owner to agree to extend the lien.
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Aug 19, 2020

You should file the lien and then file a lawsuit before it expires. If you do not want to file a lawsuit, you can extend the time to file a lawsuit through a Notice of Credit.

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